SUMMARY: The
Architectural and Transportation Barriers Compliance Board (Access Board)
proposes to amend the Americans with Disabilities Act (ADA) and Architectural
Barriers Act (ABA) Accessibility Guidelines to specifically address emergency
transportable housing units that are provided by the Federal Emergency
Management Agency or other entities on a temporary site in response to an
emergency need for temporary housing. The proposed amendments seek to ensure
that newly constructed and altered emergency transportable housing units covered
by the ADA or ABA are readily accessible to and usable by individuals with disabilities.
Other federal agencies are required to issue enforceable accessibility standards
for the construction and alteration of facilities covered by the ADA or ABA that
are consistent with the ADA and ABA Accessibility Guidelines. When
the other federal agencies amend their accessibility standards to be consistent
with the proposed amendments to the ADA and ABA Accessibility Guidelines, newly
constructed and altered emergency transportable housing units covered by the
ADA or ABA would be required to comply with the accessibility standards as
amended.

DATES: Submit
comments by August 17, 2012. A hearing will be held on the proposed
amendments on July 11, 2012, 9:30 to 11:30 a.m. To pre-register to testify
please contact Kathy Johnson at (202) 272-00041 (voice), (202) 272-0065 (TTY),
or johnson@access-board.gov.
Witnesses can testify in person or by telephone. More information and any
updates to the hearings will be posted on the Access Board’s website at http://www.access-board.gov/eth/.

1. Public Participation and Request for Comments

The Access Board
encourages all persons interested in the rulemaking to submit comments on the
proposed amendments and the questions in the preamble. Instructions for
submitting and viewing comments are provided above under Addresses. The
Access Board will consider all the comments and may change the proposed amendments
based on the comments.

2. Executive Summary

ADA and ABA Accessibility Guidelines

Section 502 of the Rehabilitation Act
requires the Access Board to develop and maintain accessibility guidelines to
ensure that the construction and alteration of facilities covered by the Americans
with Disabilities Act (ADA) or the Architectural Barriers Act (ABA) are readily
accessible to and usable by individuals with disabilities. See 29 U.S.C. 792
(b) (3). The Access Board’s current accessibility guidelines for facilities
were issued in 2004 and are known as the ADA and ABA Accessibility Guidelines.
Other federal agencies are required to issue enforceable accessibility standards
for the construction and alteration of facilities covered by the ADA or ABA that
are consistent with the ADA and ABA Accessibility Guidelines. Newly
constructed and altered facilities covered by the ADA or ABA are required to
comply with the accessibility standards issued by the other agencies.

The ADA and ABA Accessibility Guidelines
contain scoping and technical provisions for residential dwelling units. The scoping
provisions specify the minimum number of units required to provide mobility
features for individuals with mobility disabilities and the minimum number of
units required to provide communication features for individuals who are deaf
or have a hearing loss, as well as the accessible features to be provided
within each type of unit. The technical provisions specify the design criteria
for accessible features within the units.

Purpose
of Proposed Rule

Emergency
transportable housing units provided by the Federal Emergency Management Agency
(FEMA) in the aftermath of Hurricanes Katrina and Rita raised issues regarding
the application of the scoping and technical provisions for residential
dwelling units to emergency transportable housing units. Emergency
transportable housing units are used to provide temporary housing and are not
intended to be used as permanent dwellings. They are prefabricated so they can
be deployed rapidly in response to an emergency and are installed on temporary
sites with minimal site preparation. They are transported on a single transport
vehicle over roadways, which results in size and space limitations. Emergency
transportable housing units provided in the aftermath of Hurricanes
Katrina and Rita typically were about 400 square feet.

The proposed rule would amend
the ADA and ABA Accessibility Guidelines to treat emergency transportable
housing units as a subclass of residential dwelling units and would add new
scoping and technical provisions for such units. The proposed rule also would amend
existing scoping provisions for operable parts and platform lifts, and existing
technical provisions for ramps, kitchens, and bathrooms to specifically address
emergency transportable housing units.

Summary of Major Proposed Provisions

The major proposed provisions for emergency
transportable housing units required to provide mobility features and emergency
transportable housing units required to provide communication features are summarized
separately in the tables below.

Existing
scoping provisions applicable to facilities with residential dwelling units
provided by entities not subject to regulations issued by HUD under Section
504 of the Rehabilitation Act currently require at least 5 percent of the
units to provide mobility features. These scoping provisions currently apply
to emergency transportable housing units. The proposed new scoping provisions
would require emergency transportable housing units with mobility features to
be provided in accordance with regulations implementing Section 504
of the Rehabilitation Act, the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, and the ADA. These regulations prohibit discrimination on
the basis of disability. Compliance with these regulations would ensure that
individuals with mobility disabilities who need units with mobility features
are provided such units.

When
individuals and households apply for temporary housing assistance from FEMA,
their needs are assessed and they are assigned emergency transportable
housing units based on their assessed needs. The proposed new scoping
provisions would allow for flexibility to provide emergency transportable
housing units with mobility features based on assessed needs.

Ramps
Exception
2 to 405.2
Exception to 405.6

The proposed new exceptions to the technical provisions for
ramps would permit a steeper and longer entry ramp for single unit
installations of emergency
transportable housing units at private home sites where
existing physical or site constraints would prohibit the installation of an
entry ramp that complies with the technical provisions for ramps.

The floor level of emergency transportable housing units is
elevated above the ground. Ramps are installed at the entrances to units
with mobility features. If sufficient space is not available on a private
home site to install an entry ramp that complies with the technical provisions for
ramps, a unit with mobility features may not be provided at the site. The
proposed new exceptions would allow a steeper and longer entry ramp in such
situations so individuals with mobility disabilities can have units with
mobility features provided at their private home sites while their homes are
rebuilt and avoid relocation to a group site.

Kitchen
Work Surface
Exception
to 804.3

The
proposed new exception would permit a kitchen table complying with the
technical provisions for tables, all kitchen counter tops at 34 inches high
maximum, and an electrical outlet within reach of the table to be provided
instead of a kitchen work surface complying with the technical provisions for
kitchen work surfaces.

Kitchens
in emergency transportable housing units have limited storage space. A
kitchen work surface complying with the technical provisions for kitchen work
surfaces would reduce the storage space. The proposed new exception would
provide accessible kitchen work surfaces for individuals with mobility
disabilities without reducing the storage space.

Existing
exceptions currently permit one of the electrical outlets provided above a
length of kitchen counter top that is uninterrupted by a sink or appliance to
not comply with the technical provisions for operable parts. The proposed
rule would amend these exceptions so they would not apply to emergency
transportable housing units required to provide mobility features. This may
result in electrical outlets installed in the face of kitchen base cabinets.

Kitchens
in emergency transportable housing units have fewer electrical outlets than
kitchens in other types of residential dwelling units. The proposed
amendments to the existing exceptions would make all the electrical outlets
accessible to and usable by individuals with mobility disabilities.

Water
Shut-Off Valve
Exception
11 to 205.1 Exception 11 to F205.1

The
proposed new exceptions would permit a single water shut-off valve complying
with the technical provisions for clear floor space and reach ranges to be
provided in emergency transportable housing units required to provide
mobility features.

Space
constraints in emergency transportable housing units can limit access to
water shut-off valves in kitchens and bathrooms. The proposed new exceptions
would provide access to a single water shut-off valve for individuals with
mobility disabilities.

Kitchen
Sink Water Spray Unit
606.4

The
proposed new provision would require a water spray unit to be provided at
the kitchen sink in emergency transportable housing units required to provide
mobility features.

The
proposed new provision would facilitate dish washing by individuals with
limited reach and dexterity.

Folding
Seat in Roll-In Shower
608.4

The
proposed new provision would require a folding seat to be provided in a
roll-in shower in emergency
transportable housing units required to provide mobility features.

The
proposed new provision would enable individuals with mobility disabilities to
use roll-in showers if shower chairs are unavailable in the aftermath of a disaster.

Bedrooms
809.2.4.1
809.2.4.2

The
proposed new provisions would:

Require clear
floor space positioned for a parallel approach to be located on one side of a
bed and to be on an accessible route; and

The
proposed new provisions would make the bedrooms accessible to and usable by
individuals with mobility disabilities.

Bedroom
Lighting Control
809.2.4.3

The
proposed new provision would require a means to control at least one source of
lighting in the bedroom from the bed in emergency transportable
housing units required to provide mobility features.

Bedrooms
in emergency transportable housing units typically provide overhead lighting
controlled by a wall switch near the bedroom door. The proposed new
provision would result in providing a bedside lamp, an additional wall switch
near the bed, or remote control device that can be operated from the bed so individuals
with mobility disabilities can transfer in and out of bed safely.

Weather
Alert Systems
809.2.5

The
proposed new provision would require weather alert systems provided in emergency transportable
housing units required to provide mobility features to comply
with the technical provisions for clear floor space and reach ranges.

The
proposed new provision would make the weather alert systems accessible to and
usable by individuals with mobility disabilities.

Existing
scoping provisions applicable to facilities with residential dwelling units
provided by entities not subject to regulations issued by HUD under Section
504 of the Rehabilitation Act currently require at least 2 percent of the
units to provide communication features. These scoping provisions currently
apply to emergency transportable housing units. The proposed new scoping
provisions would require emergency transportable housing units with communication
features to be provided in accordance with regulations implementing
Section 504 of the Rehabilitation Act, the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, and the ADA. These regulations prohibit
discrimination on the basis of disability. Compliance with these regulations
would ensure that individuals who are deaf or have a hearing loss and need
units with communication features are provided such units.

When
individuals and households apply for temporary housing assistance from FEMA,
their needs are assessed and they are assigned emergency transportable
housing units based on their assessed needs. The proposed new scoping
provisions would allow for flexibility to provide emergency transportable
housing units with communication features based on assessed needs.

Residential
Dwelling Unit Smoke Alarms
809.3.1.2

The
proposed new provision would require residential dwelling unit smoke alarms
with built-in visible alarms to provide either a commercial light and power
source along with a secondary power source, or a non-commercial alternating
current power source along with a secondary power source.

The
proposed new provision is consistent with the National Fire Protection Association (NFPA) 72
National Fire Alarm Code. It would ensure that residential dwelling unit
smoke alarms with built-in visible alarms have a secondary power source in
the event the primary power source fails so that individuals who are deaf
or have a hearing loss are alerted when the alarms are activated.

Weather
Alert Systems
809.3.4

The
proposed new provision would require weather alert systems provided in emergency transportable
housing units required to provide communication features to provide
both audible and visible output.

The
proposed new provision would make the weather alert systems accessible to and
usable by individuals who are deaf or have a hearing loss.

Entities
Affected by Proposed Rule

The Robert T. Stafford Disaster Relief
and Emergency Assistance Act authorizes FEMA to provide temporary housing
assistance to individuals and households in response to a major disaster or
emergency declared by the President. See 42 U.S.C. 5174 and 5192. FEMA provides
emergency transportable housing units where there is a need for temporary
housing and a lack of available housing resources in the affected area. A
review of the websites of state agencies and nongovernmental organizations that
provide services in response to disasters did not show that these entities currently
provide emergency transportable housing units.

Emergency transportable housing units
provided by FEMA are covered by the ABA and are required to comply with the accessibility
standards for residential facilities issued by the Department of Housing and
Urban Development (HUD). See 42 U.S.C. 4151 and 4153. HUD’s current accessibility
standards for residential facilities are the Uniform Federal Accessibility
Standards (UFAS). When HUD updates its accessibility standards for residential
facilities to be consistent with the ADA and ABA Accessibility Guidelines, newly
constructed and altered emergency transportable housing provided by FEMA would
be required to comply with HUD’s updated accessibility standards.

The Access Board has prepared a
preliminary regulatory assessment for the proposed rule. The regulatory
assessment is available on the Access Board’s web site at: http://www.access-board.gov/eth/index.htm.
The regulatory assessment estimates the additional costs that would be incurred
by FEMA assuming HUD updates its accessibility standards for residential
facilities to be consistent with the ADA and ABA Accessibility Guidelines, as
amended by the proposed rule. The additional costs that would be incurred by
FEMA are discussed in the Regulatory Analyses section of the preamble. Based
on the regulatory assessment, the Access Board has determined that the proposed
rule is not an economically significant regulatory action.

3. Statutory and Regulatory Background

Section
502 of the Rehabilitation Act requires the Access Board to develop and maintain
accessibility guidelines to ensure that the construction and alteration of
facilities covered by the Americans with Disabilities Act (ADA) or the Architectural
Barriers Act (ABA) are readily accessible to and usable by individuals with
disabilities. See 29 U.S.C. 792 (b) (3). The Access Board’s current
accessibility guidelines for facilities were issued in 2004 and are known as
the ADA and ABA Accessibility Guidelines. See 36 CFR part 1191.

Title
II of the ADA covers state and local government facilities, and Title III of
the ADA covers public accommodations and commercial facilities. See 42 U.S.C.
12101 et seq. The Department of Justice (DOJ) and Department of Transportation
(DOT) are required to issue enforceable accessibility standards for the
construction and alteration of facilities covered by Titles II and III of the
ADA that are consistent with the ADA and ABA Accessibility Guidelines.[1] DOJ and
DOT have adopted the ADA and ABA Accessibility Guidelines, with additions and
modifications, as the accessibility standards for facilities covered by Titles
II and III of the ADA.[2]

The
ABA covers facilities designed, constructed, or altered with federal funds, and
facilities leased by federal agencies. See 42 U.S.C. 4151 et seq. The
Department of Housing and Urban Development (HUD), Department of Defense (DOD),
United States Postal Service (USPS), and General Services Administration (GSA) are
responsible for issuing enforceable accessibility standards for the
construction, alteration, and leasing of facilities covered by the ABA that are
consistent with the ADA and ABA Accessibility Guidelines.[3] DOD, USPS,
and GSA have adopted the ADA and ABA Accessibility Guidelines as the accessibility
standards for facilities covered by the ABA.[4]
HUD’s current accessibility standards for residential facilities covered by
the ABA are the Uniform Federal Accessibility Standards (UFAS).[5] HUD plans
to update its accessibility standards for residential facilities covered by the
ABA to be consistent with the ADA and ABA Accessibility Guidelines.

The federal agencies that issue accessibility
standards for facilities covered by the ADA or ABA are represented on the Access
Board. They were involved in the development of the proposed rule to minimize
any differences between the proposed rule and eventual updates to their
accessibility standards. FEMA also was involved in the development of the
proposed rule.

4. Advisory Committee

In August 2007, the Access Board established an advisory committee comprised of
disability rights advocates, manufacturers of emergency transportable housing
units, and federal agencies (DOJ, HUD, and FEMA) to make recommendations for
amending the ADA and ABA Accessibility Guidelines to address issues regarding
the accessibility of emergency transportable housing units that were raised in
the aftermath of Hurricanes Katrina and Rita. The committee submitted its
report to the Access Board in November 2008. The proposed rule is based on the
committee’s report. The committee’s report is available on the Access Board’s
website at: http://www.access-board.gov/eth/index.htm.

5. Issues Discussed by the Advisory Committee That Are Not Addressed in the Proposed
Rule

The issues noted below were discussed by the advisory committee but are not
addressed in the proposed rule.

Indoor Environmental Quality

The advisory committee included members representing
individuals with disabilities who have multiple chemical sensitivities. The
committee discussed issues related to the indoor environmental quality of emergency
transportable housing units, particularly the formaldehyde levels in the units,
but did not reach a consensus on the issues.

Formaldehyde is present in many products
used in homes. Pressed wood products containing formaldehyde-based resins used
in construction and furnishings are the primary contributors of household
airborne formaldehyde. Prolonged exposure to elevated levels of formaldehyde
can cause health risks.[6]
At FEMA’s request, the Centers for Disease Control and Prevention tested a
random sample of travel trailers, park models, and manufactured homes in
Louisiana and Mississippi in December 2007 and January 2008. The average level
of formaldehyde in all the units was about 77 parts per billion (ppb) and ranged
from 3 ppb to 590 ppb in individual units.[7]

FEMA has discontinued the use of travel
trailers and is phasing out the use of park models. FEMA currently purchases
only manufactured homes that meet HUD’s Manufactured Home Construction and Safety
Standards, which include formaldehyde emission levels for plywood and
particleboard materials installed in such homes. See 24 CFR 3280.308. The Formaldehyde
Standards for Composite Wood Products Act, which was enacted into law on July
7, 2010, establishes limits for formaldehyde emissions from composite wood
products, including hardwood plywood, medium-density fiberboard, and
particleboard. See 15 U.S.C. 2697. The composite wood products formaldehyde standards
in the law mirror the standards previously established by the California Air
Resources Board for products sold, offered for sale, supplied, used, or
manufactured for sale in California.[8] These developments should result in the reduction of formaldehyde levels in emergency
transportable housing units, as well as other facilities.

Slide-outs

Some emergency transportable housing
units provide additional space within the unit by extending a floor and wall
section to one side when the unit is installed on a site. This feature is
known as a “slide-out.” The advisory committee was concerned that if slide-outs
are provided in emergency transportable housing units required to provide
mobility features, they may not meet the existing technical provisions for floor
surfaces and changes in level in 302 and 303 of the ADA and ABA Accessibility
Guidelines. These provisions currently require floor surfaces to be stable,
firm, and slip resistant, and changes in level to be not greater than 1/4 inch
vertical and 1/2 inch beveled on accessible routes and in accessible spaces. The
slide-out joint cover and the joint between the unit floor and the slide-out
floor would need to be almost flush to meet these provisions. With careful
design and installation, slide-outs can meet these provisions.

Some slide-outs need to be cycled
periodically for preventative maintenance. This maintenance operation could be
difficult for occupants with disabilities to perform. Committee members
representing manufacturers noted that electric and hydraulic slide-outs do not
need to be cycled. The committee recommended that slide outs should be allowed
in emergency transportable housing units required to provide mobility features only
where the manufacturer’s warranty indicates that the slide-out does not need to
be cycled after set-up and the floor surfaces and changes in level between
floors meet the technical provisions for floor surfaces and changes in level in
302 and 303 of the ADA and ABA Accessibility Guidelines.

Slide-outs are a useful design option
given the space constraints within emergency transportable housing units. Although
some slide-outs need to be cycled periodically for preventative maintenance, the
housing provider can perform this maintenance operation. The technical
provisions for floor surfaces and changes in level in 302 and 303 of the ADA
and ABA Accessibility Guidelines apply to every type of facility. It is not
necessary to amend these provisions to specifically apply to emergency
transportable housing units required to provide mobility features.

6. Discussion of Proposed Amendments

The proposed rule would amend the ADA and ABA Accessibility
Guidelines to treat emergency transportable housing units as a subclass
of residential dwelling units and would add new scoping and technical
provisions for such units. The proposed rule also would
amend existing scoping provisions for operable parts and platform
lifts, and
existing technical provisions for ramps, kitchens, and bathrooms to
specifically address emergency transportable housing units.

The ADA and ABA Accessibility Guidelines
consist of 10 chapters that are codified as appendices to 36 CFR part 1191. The
proposed amendments to the ADA and ABA Accessibility Guidelines are
discussed below under the relevant chapters of the guidelines.

ADA Chapters 1 and 2 contain application
and scoping provisions for facilities covered by the ADA, and are codified in
Appendix B to 36 CFR part 1191. ABA Chapters 1 and 2 contain application and
scoping provisions for facilities covered by the ABA, and are codified in
Appendix C to 36 CFR part 1191. The application and scoping provisions in ABA
Chapters 1 and 2 are preceded by the letter “F” to distinguish them from the
application and scoping provisions in ADA Chapters 1 and 2. Because the same
changes are proposed to the application and scoping provisions in ADA Chapters
1 and 2 and ABA Chapters 1 and 2, corresponding provisions in these chapters are
discussed together.

106.5 and F106.5 Defined Terms

The proposed rule would add a new
definition for the term “emergency transportable housing unit” in 106.5 and
F106.5 to read as follows:

Emergency Transportable Housing Unit. A single or
multiple section
prefabricated structure that is transportable on a single transport
vehicle and
that can be set-up and installed on a temporary site in response to
an
emergency need for temporary housing. Such
structures include, but are not limited to, travel trailers, park
models, manufactured housing, and
other factory-built housing. For the purposes of this
document, emergency transportable housing units are considered a type of
residential dwelling unit.

The proposed definition would consider emergency
transportable housing units as a type of residential dwelling unit for
purposes
of the ADA and ABA Accessibility Guidelines. Some structures
that would be included
in the proposed definition such as travel trailers may not be
considered
residential dwelling units for other purposes. Advisory
committee members
representing manufacturers of recreational vehicles such as travel
trailers did
not want the definition to imply a permanent dwelling because of
regulatory
limitations on the use of the units. Recreational vehicles built
on a single
chassis and not larger than 400 square feet when measured at the
largest
horizontal projections are not subject to HUD’s Manufactured Home
Construction
and Safety Standards if they are designed primarily for use as
temporary living
quarters for recreational, camping, travel, or seasonal use and not
for use as a
permanent dwelling. See 24 CFR 3282.8. As described in the
proposed
definition, emergency transportable housing units are used to provide
temporary
housing and are not intended to be used as permanent dwellings.
The units typically
are installed on private home sites while residents repair permanent
dwellings
that were rendered uninhabitable by a disaster. State or local
governments may
limit the amount of time that the units can remain on a site.
The proposed definition would not include larger manufactured or modular
homes that are transportable on multiple transport vehicles and then
attached to one another in sections on a site.

205 and F205 Operable Parts

These sections currently require operable
parts located on accessible elements and accessible routes and in accessible
rooms and spaces to comply with the technical provisions for operable parts in 309,
including clear floor space, reach ranges, and operation. As discussed below, the proposed rule would
revise existing Exception 3 and would add new Exceptions 9, 10, and 11 to 205.1
and F205.1.

Exception 3 – Kitchen Countertop Electrical Outlets

The proposed rule would amend existing Exception 3 to 205.1 and F205.1 to read as follows:

Exception 3. Except within emergency
transportable housing units required to provide mobility features
complying with 809.2, where two or more outlets are provided in a
kitchen above a length of counter top that is uninterrupted by a sink
or appliance, one outlet shall not be required to comply with 309.

The National Electrical Code® (NEC)
requires electrical outlets in kitchens to be installed every four feet and within
24 inches of a corner. This can result in at least one electrical outlet installed
in a location above a kitchen counter top that cannot meet the technical
provisions for obstructed reach ranges. To address this situation, where two
or more electrical outlets are provided above a length of kitchen counter top
that is uninterrupted by a sink or appliance, existing Exception 3 to 205.1 and
F205.1 currently permits one of the outlets to not comply with the technical
provisions for operable parts in 309.

The advisory committee recommended that all the
electrical outlets provided at kitchen counter tops in emergency
transportable housing unites required to provide mobility features
should comply with the
technical provisions for operable parts in 309 since kitchens in such
units typically have fewer electrical outlets than kitchens
in other types of residential dwelling units. The NEC permits
electrical outlets
in accessible kitchens to be installed in the face of base cabinets
provided
the outlets are located not more than 12 inches below a counter top
that extends
not more than 6 inches beyond its base. Face-mounted electrical
outlets enable
an occupant with a disability to plug small appliances into the outlet
without
reaching across the counter top. The proposed rule would amend
existing Exception 3 so
that it would not apply to emergency transportable housing units
required to
provide mobility features since face-mounted electrical outlets can be
provided.

Although face-mounted electrical outlets
are more accessible to individuals with disabilities who have limited reach, the
outlets and electrical cords attached to appliances are also within reach of small
children and can pose a safety hazard. For this reason, face-mounted electrical
outlets typically are not provided. The Access Board may reconsider the proposed
amendments to existing Exception 3 to 205.1 and F205.1.

Question 2.
Should the proposed amendments to existing Exception 3 to 205.1 and F205.1 be
reconsidered?

The proposed rule would add a new Exception
9 to 205.1 and F205.1 to read as follows:

Exception 9. Operable parts located within
residential dwelling units not required to provide mobility features
complying with 809.2 and transient lodging guest rooms not required to
provide mobility features complying with 806.2 shall not be required to
comply with 309.

The proposed new exception would clarify that the technical
provisions for operable parts in 309 do not apply to residential dwelling units and
transient lodging guest rooms that are not required to provide mobility features. Thus, residential
dwelling units and transient lodging guest rooms required to provide communications features would
not be required to comply with the technical provisions for operable parts in 309.

The proposed rule would add a new Exception
10 to 205.1 and F205.1 to read as follows:

Exception 10. In emergency transportable
housing units required to provide mobility features complying with
809.2, controls located beneath the unit body shall not be required to
comply with 309.

The proposed new exception would exempt controls located
beneath the body of emergency transportable housing units required to provide
mobility features from the technical provisions for operable parts in 309. These controls
are typically for maintenance purposes and would be operated by personnel servicing
the unit.

Exception 11 – Water Shut-Off Valves

The proposed rule would add a new Exception
11 to 205.1 and F205.1 to read as follows:

Exception 11. In emergency transportable
housing units required to provide mobility features complying with
809.2, water shut-off valves shall not be required to comply with 309
where a single shut-off valve complying with 309.2 and 309.3 is provided
for the entire unit.

Space constraints in emergency transportable housing
units can limit access to water shut-off valves in kitchens and bathrooms. The
proposed new exception would permit a single shut-off valve that complies with the
technical provisions for clear floor space in 309.2 and reach ranges in 309.3 to be provided in emergency
transportable housing units required to provide mobility features.

Question 3.
Can water shut-off valves comply with the technical provisions in 309.4 for operating
forces not exceeding five pounds and one handed operation without tight
grasping, pinching, or twisting of the wrist? If water shut-off valves cannot comply
with the technical provisions in 309.4, should they be exempted from complying
with the technical provisions for clear floor space in 309.2 and reach ranges in 309.3? Are
there other controls typically provided within emergency transportable housing
units that cannot comply with any of the technical provisions for operable
parts in 309?

206.7
and F206.7 Platform Lifts

These sections currently permit platform
lifts to be used as a component of an accessible route in new construction in certain situations.

The proposed rule would amend these sections to read as follows:

206.7 Platform Lifts. Platform lifts shall
comply with 410. Platform lifts shall be permitted as a component
of an accessible route in new construction in accordance with
206.7. Platform lifts shall be permitted as a component of an
accessible route in an existing building or facility. In emergency
transportable housing units, platform lifts shall not be used at the
primary entrance to a unit required to provide mobility features
complying with 809.2.

F206.7 Platform Lifts. Platform lifts shall
comply with 410. Platform lifts shall be permitted as a component
of an accessible route in new construction in accordance with
F206.7. Platform lifts shall be permitted as a component of an
accessible route in an existing building or facility. In emergency
transportable housing units, platform lifts shall not be used at the
primary entrance to a unit required to provide mobility features
complying with 809.2.

Emergency transportable housing units typically are installed on constrained
sites, such as in driveways on private home sites while residents rebuild
permanent dwellings that were rendered uninhabitable by a disaster. The floor
level of the units is elevated above the ground and the units typically have
one entrance that also serves as the only accessible means of escape from the
unit in an emergency. Although safety standards typically require
factory-built housing to provide a secondary means of escape, the secondary
means of escape usually is not accessible to occupants with mobility disabilities.

The advisory committee recommended that platform lifts should not be
used
at the primary entrance to emergency transportable housing units
required to provide mobility features because the time needed to
operate a platform lift could cause an
unnecessary delay for occupants needing to evacuate the unit
quickly. The proposed rule
would amend 206.7 and F206.7 to not permit the use of platform lifts
at the
primary entrance to emergency transportable housing units required to
provide
mobility features.

233
and F233 Residential Facilities

The proposed rule would add new scoping provisions to these sections
for emergency
transportable housing units required to provide mobility features and
emergency
transportable housing units required to provide communication
features. The
proposed rule also would add a new exception to the dispersion
provision. When the final rule is published, the provisions in
233 and F233 would be renumbered to accommodate the new scoping
provisions for emergency transportable housing units and the renumbered
provisions would be referenced in other sections, as appropriate.
The table below shows the proposed renumbering of the provisions in
233 and F233 for the final rule and where the provisions are located in
the current guidelines.

Existing
scoping provisions applicable to facilities with residential dwelling units
provided by entities not subject to regulations issued by the HUD under Section
504 of the Rehabilitation Act currently require at least 5 percent of the units
to provide mobility features[9]. Where facilities contain 15 or fewer residential
dwelling units, the existing scoping provisions apply to the total number of
units that are constructed under a single contact or are developed as a whole,
whether or not the units are located on a common site. These scoping
provisions currently apply to emergency transportable housing units.

The proposed rule would add new scoping provisions for emergency
transportable housing units required to provide mobility features at:

233.3.1 for units covered by the ADA that are provided by
entities not subject to regulations issued by HUD under Section 504 of
the Rehabilitation Act;

F233.3.1 for units covered by the ABA that are provided on military installations; and

F233.4.1 for units covered by the ABA that are provided by
federal agencies, other than HUD, or through grant or loan programs
administered by federal agencies, other than HUD.

The references to these provisions are as they would be renumbered when the final rule is published.
The proposed new scoping provisions read as follows:

233.3.1.1 Facilities Other Than Those Containing Emergency Transportable Housing Units.
At least 5 percent, but not less than one, of the total number of
residential dwelling units, other than emergency transportable housing
units, in the facility shall provide mobility features complying with
809.2.Exception: Where facilities contain 15 or
fewer residential dwelling units, the requirements of 233.3.1.1 shall
apply to the total number of residential dwelling units that are
constructed under a single contract, or are developed as a whole,
whether or not located on a common site.

233.3.1.2 Facilities Containing Emergency Transportable Housing Units.
Entities shall provide emergency transportable housing units with
mobility features complying with 809.2 in accordance with applicable
regulations implementing Section 504 of the Rehabilitation Act of 1973,
as amended; the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1988, as amended; and the Americans with Disabilities
Act of 1990, as amended.

F233.3.1 Residential Dwelling Units with Mobility Features.
Facilities on military installations containing residential
dwelling units, other than emergency transportable housing units, shall
comply with F233.3.1.1. Facilities on military installations
containing emergency transportable housing units shall comply with
F233.3.1.2. All residential dwelling units required to provide
mobility features complying with 809.2 shall be on an accessible route
as required by F206.

F233.3.1.1 Facilities Other Than Those Containing Emergency Transportable Housing Units.
At least 5 percent, but not less than one, of the total number of
residential dwelling units, other than emergency transportable housing
units, in the facility shall provide mobility features complying with
809.2.

F233.3.1.2 Facilities Containing Emergency Transportable Housing Units.
Entities shall provide emergency transportable housing units with
mobility features complying with 809.2 in accordance with applicable
regulations implementing Section 504 of the Rehabilitation Act of 1973,
as amended; the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1988, as amended; and the Americans with Disabilities
Act of 1990, as amended.

F233.4.1.1 Facilities Other Than Those Containing Emergency Transportable Housing Units.
At least 5 percent, but not less than one, of the total number of
residential dwelling units, other than emergency transportable housing
units, in the facility shall provide mobility features complying with
809.2.Exception: Where facilities contain 15 or
fewer residential dwelling units, the requirements of F233.4.1.1 shall
apply to the total number of residential dwelling units that are
constructed under a single contract, or are developed as a whole,
whether or not located on a common site.

F233.4.1.2 Facilities Containing Emergency Transportable Housing Units.
Entities shall provide emergency transportable housing units with
mobility features complying with 809.2 in accordance with applicable
regulations implementing Section 504 of the Rehabilitation Act of 1973,
as amended; the Robert T. Stafford Disaster Relief and Emergency
Assistance Act of 1988, as amended; and the Americans with Disabilities
Act of 1990, as amended.

The
advisory committee recommended that 10 percent of emergency transportable
housing units provided at group sites should be required to provide mobility
features. Emergency transportable housing units are more often provided at
private home sites than at group sites. The committee recommended no minimum
number be established for single unit installations provided at private home
sites because the individual need for such units could exceed the minimum
number. Instead, the committee recommended that the number of emergency
transportable housing units with mobility features provided for single unit
installations at private home sites should be based on individual need in
accordance with regulations implementing Section 504 of the
Rehabilitation Act, the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, and the ADA.[10]
These regulations prohibit discrimination on the basis of disability.
Compliance with these regulations would ensure that individuals with mobility
disabilities who need emergency transportable housing units with mobility
features are provided such units.

The U.S. Census Bureau estimates that
for the civilian noninstitutionalized population aged 5 and older living in the
United States:

27.4
million people (11.9 percent) have difficulty with ambulatory activities of the
lower body and 19.0 million people (8.2 percent) have difficulty with upper
body physical tasks;

8.5
million people (3.7 percent) have difficulty performing one or more activities
of daily living such as getting around inside the home, getting into or out of
bed, taking a bath or shower, getting to or using the toilet, dressing, and
eating; and

3.3
million (1.4 percent) used a wheelchair or other wheeled mobility device and
10.2 million (4.4 percent) used a cane, crutches, or walker to assist with
mobility.[11]

The rate of physical disability varies by state and ranged from 5.9 percent in Utah to 13.5 percent
in West Virginia.[12]
FEMA’s current policy is to have 20 percent of its inventory of emergency
transportable housing units comply with UFAS, HUD’s current accessibility
standard for residential facilities. When individuals and households apply for
temporary housing assistance from FEMA, their needs are assessed and they are
assigned emergency transportable housing units based on their assessed needs.
The percentage of UFAS units that FEMA provides varies widely from disaster to
disaster based on assessed needs.

To allow for flexibility to provide
emergency transportable housing units with mobility features based on the assessed
needs of applicants, the proposed rule adopts the approach recommended by the
advisory committee for single unit installations at private home sites to group
sites also. The proposed new scoping provisions would require that emergency
transportable housing units with mobility features be provided in accordance
with regulations implementing Section 504 of the Rehabilitation Act,
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and the
ADA.

Existing
scoping provisions applicable to facilities with residential dwelling units
provided by entities not subject to regulations issued by the HUD under Section
504 of the Rehabilitation Act currently require at least 2 percent of the units
to provide communication features[13]. Where facilities contain 15 or fewer
residential dwelling units, the existing scoping provisions apply to the total
number of units that are constructed under a single contact or are developed as
a whole, whether or not the units are located on a common site. These scoping
provisions currently apply to emergency transportable housing units.

The proposed rule would add new scoping provisions for emergency
transportable housing units required to provide communication features
at:

233.3.2 for units covered by the ADA that are provided by
entities not subject to regulations issued by HUD under Section 504 of
the Rehabilitation Act;

F233.3.2 for units covered by the ABA that are provided on military installations; and

F233.4.2 for units covered by the ABA that are provided by
federal agencies, other than HUD, or through grant or loan programs
administered by federal agencies, other than HUD.

The references to these provisions are as they would be renumbered when the final rule is published.

233.3.2.1 Facilities Other Than Those Containing Emergency Transportable Housing Units.
At least 2 percent, but not less than one, of the total number of
residential dwelling units, other than emergency transportable housing
units, in the facility shall provide communication features complying
with 809.3. Exception: Where facilities contain 15 or
fewer residential dwelling units, the requirements of 233.3.2.1 shall
apply to the total number of residential dwelling units that are
constructed under a single contract, or are developed as a whole,
whether or not located on a common site.

F233.3.2.1 Facilities Other Than Those Containing Emergency Transportable Housing Units.
At least 2 percent, but not less than one, of the total number of
residential dwelling units, other than emergency transportable housing
units, in the facility shall provide communication features complying
with 809.3.

F233.4.2.1 Facilities Other Than Those Containing Emergency Transportable Housing Units.
At least 2 percent, but not less than one, of the total number of
residential dwelling units, other than emergency transportable housing
units, in the facility shall provide communication features complying
with 809.3. Exception: Where facilities contain 15 or
fewer residential dwelling units, the requirements of F233.4.2.1 shall
apply to the total number of residential dwelling units that are
constructed under a single contract, or are developed as a whole,
whether or not located on a common site.

The proposed new scoping provisions for
emergency transportable housing required to provide communication features are
the same as the proposed scoping provisions for emergency transportable housing
units required to provide mobility features. The proposed new scoping provisions
would require that emergency transportable housing units with communication
features be provided in accordance with regulations implementing
Section 504 of the Rehabilitation Act, the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, and the ADA.

The proposed new scoping provisions would
require visible smoke alarms in emergency transportable housing units required
to provide communication features. FEMA currently provides visible smoke
alarms in all its emergency transportable housing units. FEMA can exceed the
proposed new scoping provisions. Where weather alert systems are provided in
emergency transportable housing units required to provide communication
features, the proposed new scoping provisions would require the systems to provide
both audible and visible output. FEMA currently provides weather alert systems
in all its emergency transportable housing units, and the systems provide both
audible and visible output. As noted above, FEMA can exceed the proposed
new scoping provisions.

233.3.6, F233.3.5, and F233.4.6 Dispersion

The proposed rule would add a new exception to the dispersion
provisions in 233.3.6, F233.3.5, and F233.4.6 for emergency
transportable housing units required to provide mobility features and
emergency transportable housing units required to provide communication
features. The references to the dispersion provisions in
233.3.6, F233.3.5, and F233.4.6 are as they would be renumbered when
the final rule is published.

The proposed new exception to the dispersion provisions in 233.3.6, F233.3.5, and F233.4.6 read as follows:

Exception 2. Emergency transportable housing
units required to provide mobility features complying with 809.2 shall
not be required to be dispersed among the various types of residential
dwelling units in a facility or to provide choices of residential
dwelling units comparable to those available to other residents.

Residential dwelling units required to provide mobility features
and residential dwelling units required to provide communication
features currently are required to be dispersed among the various types
of residential dwelling units in a facility to provide choices
comparable to, and integrated with, units available to other
residents. Since emergency transportable housing units with
mobility features and emergency transportable housing units with
communication features are provided to applicants based on their
assessed needs, it is not necessary to require comparable choices of
units at each facility. If two or three bedroom units with
mobility features are not needed at a particular group site, they
should not be provided at that site but should be provided at other
group sites or private home sites where they are needed.

The proposed rule would add a new exception to the dispersion
provisions in 233.3.6, F233.3.5, and F233.4.6 that would not require
emergency transportable housing units required to provide mobility
features and emergency transportable housing units required to provide
communication features to be dispersed among the various types of
residential dwelling units in a facility. Emergency
transportable housing units required to provide mobility features and
emergency transportable housing units required to provide communication
features would be required to be integrated with other units in a
facility so individuals with disabilities and their families are not
isolated or segregated at group sites.

Chapters 4, 6, and 8 (Appendix D to 36 CFR Part 1191)

Chapters 3 through 10 contain technical provisions for facilities covered by the ADA and
ABA, and are codified in Appendix D to 36 CFR part 1191. As discussed below, the
proposed rule would amend existing provisions in Chapters 4, 6, and 8 and also would
add new provisions to these chapters.

Advisory 404.2.5 Thresholds

The proposed rule would add a new advisory note
to 404.2.5 to read as follows:

Advisory 404.2.5 Thresholds. Some doors,
particularly entrance doors to emergency transportable housing units,
include a lip on the bottom edge of the face of the door. This
design may result in a ramp landing positioned more than the allowable
1/2 inch maximum below the threshold.

The existing technical provisions in 404.2.5 currently require thresholds at doorways to be 1/2
inch high maximum, and changes in level between 1/4 inch high minimum and 1/2
inch high maximum to be beveled with a slope not steeper than 1:2. Entry
doors on smaller emergency transportable housing units typically have a lip that
extends approximately 5/8 inch to 3/4 inch below the bottom edge of the door
face. Ramps installed to provide an accessible route to the entry door typically
are made from exterior grade wood that will warp over time. The ramp landing needs
to be positioned below the door lip so the door can operate freely without
binding against the landing surface. This can result in changes in level
between the ramp landing and the entry doorway that exceed the 1/2 inch maximum
threshold height by one inch.

The advisory committee recommended adding a new
advisory note to 404.2.5 to address this situation. The proposed new advisory note would indicate
that entry doors with a lip on the bottom edge of the door face may result in
exceeding the 1/2 inch maximum threshold height. Larger emergency
transportable housing units typically use entry doors more common to
residential construction that meet the 1/2 inch maximum threshold height.

405.2 Slope and 405.6 Rise (Ramp Runs)

The proposed rule would add a new exception to the technical provision for the slope of ramp runs in 405.2 to read as follows:

Exception 2. In emergency transportable
housing units, where existing physical or site constraints prohibit the
installation of an entry ramp complying with 405.2, ramps shall be
permitted to provide a single ramp run with a slope no steeper than
1:10 provided that the maximum rise of all ramp runs serving the unit
entrance is not greater than 36 inches (915 mm) and one of the
following conditions is met:
(a) The emergency transportable housing unit is located on a site
containing a private home for the use of the occupant of the private
home; or
(b) The emergency transportable housing unit is located on a
privately-owned residential site that is designed for the later
installation of a dwelling unit for the use of the owner of the site.

The proposed rule also would add a new exception to the technical
provision for the rise of ramp runs in 405.6 to read as follows:

Exception: In emergency transportable
housing units, where existing physical or site constraints prohibit the
installation of an entry ramp complying with 405.6, ramps shall be
permitted to provide a single ramp run with a rise 36 inches (915 mm)
maximum provided that the one of the following conditions is met:
(a) The emergency transportable housing unit is located on a site
containing a private home for the use of the occupant of the private
home; or
(b) The emergency transportable housing unit is located on a
privately-owned residential site that is designed for the later
installation of a dwelling unit for the use of the owner of the site.

Persons whose homes have been rendered uninhabitable by a disaster
prefer to have emergency transportable housing units provided on their
private home sites so they can protect their property, supervise the
reconstruction of their homes, and maintain relationships within their
community. Federal, state, and local laws require the tires to
remain on emergency transportable housing units and the floor level is
typically elevated 36 inches above the ground. Entry ramps are
installed at emergency transportable housing units with mobility
features and the entry ramps cannot encroach on adjacent sites or public
rights-of-way where the units are provided at private home
sites. An entry ramp that complies with the technical provisions
for ramp run slope in 405.2 (1:12 maximum) and ramp run rise in 405.6
(30 inches maximum) needs at least two ramp runs and an intermediate
landing between the ramp runs. The landing would be approximately
18 square feet, and 40 square feet if the ramp needs to change
direction in order to fit on the site. The entry ramp would be
approximately 158 to 180 square feet depending on the landing
configuration. If sufficient space is not available on a private
home site to install the entry ramp, an emergency transportable housing
unit with mobility features may not be provided at the site and
individuals with disabilities may be relocated to a group site.

The advisory committee recommended adding new exceptions to the
technical provisions for the slope and rise of ramp runs in 405.2 and
405.6 so individuals with disabilities can have an emergency
transportable housing unit with mobility features provided at their
private home site while their homes are rebuilt and avoid relocation to
a group site. When existing physical or site constraints on a
private home site prohibits the installation of an entry ramp that meets
the technical provisions for ramp slope and ramp rise in 405.2 and
405.6, the proposed new exceptions to these provisions would
permit a single ramp run with a slope not steeper than 1:10 and a 36
inches maximum rise. The proposed new exceptions would result in a
space savings of approximately 38 to 60 square feet, depending on the
landing configuration, or about one third of the space needed for an
entry ramp that meets the technical provisions for the slope and rise
of ramp runs without the proposed new exceptions.

Many individuals with
disabilities have difficulty using ramps with slopes steeper than 1:12 and may
find a ramp with a 1:10 slope not usable. Because individuals with disabilities
have varying needs and capabilities, the concurrence of individuals with
disabilities who will use the entry ramp should be obtained before applying the
proposed new exceptions.

These sections currently require grab bars at toilet and bathing
fixtures. Existing exceptions to these sections currently permit
grab bars to be omitted at the time of construction in residential
dwelling units where the walls are reinforced to support the
installation of grab bars when needed by an occupant with a disability.

The proposed rule would amend the existing exception to 604.5 to read as follows:

Exception 2. In residential dwelling units,
other than emergency transportable housing units required to provide
mobility features complying with 809.2, grab bars shall not be required
to be installed in toilet or bathrooms provided that reinforcement has
been installed in walls and located so as to permit the installation
of grab bars complying with 604.5.

The proposed rule would amend the existing exception to 607.4 to read as follows:

Exception 2. In residential dwelling units,
other than emergency transportable housing units required to provide
mobility features complying with 809.2, grab bars shall not be required
to be installed in bathtubs located in bathing facilities provided
that reinforcement has been installed in walls and located so as to
permit the installation of grab bars complying with 607.4.

The proposed rule would amend the existing exception to 608.3 to read as follows:

Exception 2. In residential dwelling units,
other than emergency transportable housing units required to provide
mobility features complying with 809.2, grab bars shall not be required
to be installed in showers located in bathing facilities provided that
reinforcement has been installed in walls and located so as to permit
the installation of grab bars complying with 608.3.

The existing exceptions to 604.5, 607.4, and 608.3 are intended to
be used where residential dwelling units would be occupied by different
persons over the life of the unit and some occupants may not need grab
bars at toilet and bathing fixtures. The advisory committee
recommended that these existing exceptions should not be used for
emergency transportable housing units required to provide mobility
features because they could result in delays in installing grab bars in
the units. FEMA requires grab bars to be installed at toilet and
bathing fixtures at the time of construction in emergency
transportable housing units required to provide mobility features.
The proposed rule would amend the existing exceptions to 604.5, 607.4,
and 608.3 so they would not apply to emergency transportable housing
units required to provide mobility features.

606.2 Clear Floor Space (Lavatories and Sinks)

This section currently requires clear floor space with knee and toe
clearance to be provided at lavatories and sinks. An existing
exception to this section currently permits readily removable base
cabinets and finished floors and walls to be installed beneath
lavatories and sinks so the cabinets can be removed and stored when an
occupant with a disability needs clear floor space with knee and toe
clearance at the lavatory and sink.

The proposed rule would amend the existing exception to 606.2 to read as follows:

Exception 3. In residential dwelling units,
other than emergency transportable housing units required to provide
mobility features complying with 809.2, cabinetry shall be permitted
under lavatories and kitchen sinks provided that all of the following
conditions are met:
(a) The cabinetry can be removed without removal or replacement of the fixture;
(b) The finish floor extends under the cabinetry; and
(c) The walls behind and surrounding the cabinetry are finished.

The existing exception to 606.2 is intended to be used where
residential dwelling units would be occupied by different persons over
the life of the unit and some occupants may not need clear floor space
with knee and toe clearance at the lavatory and sink. The
advisory committee recommended that this existing exception should not
be used for emergency transportable housing units required to provide
mobility features because the units do have space to store the
removable base cabinets. FEMA requires clear floor space with knee
and toe clearance to be provided at lavatories and sinks at the time
of construction in emergency transportable housing units required to
provide mobility features. The proposed rule would amend the
existing exception to 606.2 so it would not apply to emergency
transportable housing units required to provide mobility features.

606.4 Faucets and Water Spray Units

This section currently requires controls for faucets to comply with
the technical provisions for operable parts in 309 and hand-operated
metering faucets to remain open for at least 10 seconds.

The proposed rule would amend this section to read as follows:

606.4 Faucets and Water Spray Units.
Controls for faucets and water spray units shall comply with 309.
Hand-operated metering faucets shall remain open for 10 seconds
minimum. A water spray unit shall be provided at the kitchen sink
in emergency transportable housing units required to provide mobility
features complying with 809.2.

The proposed rule would add a new provision for a water spray unit
to be provided at the kitchen sink in emergency transportable housing
units required to provide mobility features. The advisory
committee recommended that a water spray unit be provided at the kitchen
sink to facilitate dish washing by individuals with limited reach and
dexterity because dishwashers typically are not provided in emergency
transportable housing units.

608.4 Seats (Roll-In Type Showers)

This section currently requires folding or non-folding seats to be
provided in transfer-type shower compartments, and in roll-in type
showers in transient lodging guest rooms required to provide mobility
features.

The proposed rule would add a new provision to 608.4 for a folding
seat to be provided in roll-in type showers provided in emergency
transportable housing units required to provide mobility
features. The advisory committee recommended that a folding seat
be provided in roll-in type showers provided in emergency transportable
housing units required to provide mobility features since individuals
with disabilities who use shower chairs for bathing may not have these
mobility aids available in the aftermath of a disaster. Shower
chairs are designed specifically for bathing and are not suitable for
other uses. Many individuals with mobility disabilities could not
use roll-in showers without a folding seat or shower chair. FEMA
currently provides a folding seat in roll-in type showers in emergency
transportable housing units required to provide mobility features.

Question 4. Are there other building elements in addition to a water spray unit at the
kitchen sink and a folding seat in a roll-in type shower that should be provided in emergency
transportable housing units required to provide mobility features to facilitate
independent living by individuals with disabilities who do not have the
personal assistants or mobility aids that they typically depend on to perform
activities of daily living in the aftermath of a disaster? Where possible,
comments should include information regarding the cost of the recommended
building elements.

The 2009 edition of the International Code Council American National Standard for
Accessible and Usable Buildings and Facilities (ICC/ANSI A117.1) requires
a folding seat in all roll-in type showers regardless of the occupancy type to
facilitate use by a broader range of individuals with
disabilities.

Question 5.
Should a folding seat be required in roll-in type showers regardless of the type of
occupancy? Will a folding seat improve the usability of roll-in type showers? What
costs are associated with requiring a folding seat in new and altered roll-in
type showers?

804.3
Kitchen Work Surface

This section currently requires at least one 30
inch wide section of kitchen counter space to provide a work surface that is 34 inches high
maximum and has a clear floor space with knee and toe clearance for a forward approach to the work surface.

The proposed rule would add a new exception to 804.3 to read as follows:

Exception: In emergency transportable
housing units, a work surface complying with 804.3 shall not be
required provided that the following criteria are met:
(a) A kitchen table complying with 902 is provided within the kitchen;
(b) All kitchen counter tops are 34 inches high maximum; and
(c) An electrical outlet is provided at a location within reach of the table.

Kitchens in emergency transportable housing units are usually small
in size in order to maximize living space and have less storage space
than other types of residential dwelling units. The advisory
committee was concerned that a kitchen work surface complying with
804.3 reduces the amount of available storage space in the kitchen and
recommended permitting a kitchen table complying with 902 to be
provided instead of a kitchen work surface complying with 804.3.
The committee also was concerned that occupants who use wheelchairs
would not be able to use small kitchen appliances when they are
positioned parallel to the kitchen counter tops. Kitchen counter
tops are typically 36 inches high, which prevents a side reach over an
obstruction. Therefore, the committee also recommended that all
kitchen counter tops be 34 inches high maximum and that an electrical
outlet be provided within reach of the kitchen table.

Question 6. Would allowing the kitchen work surface complying by 804.3 to be
replaced by a table complying with 902, all kitchen counter tops at 34 inches high
maximum, and an electrical outlet within reach of the table result in a kitchen
that is usable by individuals with disabilities? Would the proposed new exception
have any cost impacts? Would the proposed new exception necessitate the
installation of specialized or modified cabinetry? Would installing the
counter tops at 34 inches high maximum affect the amount of usable storage currently
required by 804.5 to be within the reach ranges specified in 308? Is there any
reason why an electrical outlet should not be provided near a kitchen table?

809 Residential Dwelling Units

The proposed rule would add new technical provisions to 809 for
emergency transportable housing units with mobility features and
emergency transportable housing units with communication
features. When the final rule is published, the provisions in 809
would be renumbered to accommodate the new technical provisions for
emergency transportable housing units, and the renumbered provisions
would be referenced in other sections, as appropriate. The
proposed rule also would reorganize the existing technical provisions
for alarms in emergency transportable housing units with communication
features. The table below shows the proposed renumbering of the
provisions in 809 for the final rule and where the provisions are
located in the current guidelines.

Proposed Renumbering of Provisions
for the Final Rule

Current Guidelines

809 Residential Dwelling Units

809
Residential Dwelling Units

809.1
General

809.1
General

809.2 Residential Dwelling Units with Mobility Features

809.2.1
Accessible Routes

809.2.1.1
Turning Space

809.2.1.2
Carpet

809.2.2
Kitchen

809.2.3
Toilet Facilities and Bathing Facilities

809.2.4
Bedrooms in Emergency Transportable Housing Units

809.2.4.1
Clear Floor Space

809.2.4.2
Overlap

809.2.4.3
Lighting Controls

809.2.5
Weather Alert Systems

809.2
Accessible Routes

809.2.1
Location

809.2.2
Turning Space

809.3
Kitchen

809.4
Toilet Facilities and Bathing Facilities

809.3
Residential Dwelling Units with Communication Features

809.3.1
Alarms

809.3.1.1
Building Fire Alarm System

809.3.1.2
Residential Dwelling Unit Smoke Alarms

809.3.1.3
Activation

809.3.2
Residential Dwelling Unit Primary Entrance

809.3.2.1
Notification

809.3.2.2
Identification

809.3.3
Site, Building, or Floor Entrance

809.3.4
Weather Alert Systems

809.5 Residential Dwelling Units with Communication Features

809.5.3 Interconnection

809.5.4 Prohibited Use

809.5.1 Building Fire Alarm System

809.5.1.1
Alarm Appliances

809.5.1.2
Activation

809.5.2 Residential Dwelling Unit Smoke Alarms

809.5.2.1
Activation

809.5.5
Residential Dwelling Unit Primary Entrance

809.5.5.1 Notification

809.5.5.2
Identification

809.5.6
Site, Building, or Floor Entrance

809.2
Residential Dwelling Units with Mobility Features

As discussed below, the proposed rule would add new technical
provisions to 809.2 for emergency transportable housing units with
mobility features. The references to these provisions are as they
would be renumbered when the final rule is published.

809.2.1.2 Carpet

The proposed rule would add a new provision at 809.2.1.2 to read as follows:

809.2.4.1 Clear Floor Space. A clear floor
space complying with 305 shall be provided on one side of a bed.
The clear floor space shall be positioned for parallel approach to the
side of the bed and shall be on an accessible route.

809.2.4.2 Overlap. Where bedrooms are less
than 70 square feet, the accessible route, maneuvering clearances
required at doors, and turning space shall not overlap space occupied
by furniture supplied with the unit.

809.2.4.3 Lighting Controls. A means to control at least one source of bedroom lighting from the bed shall be provided.

The proposed new provisions would
apply to bedrooms in emergency transportable housing units with mobility
features. They would require clear floor space positioned
for a parallel approach to be located on one side of a bed and to be on an
accessible route; would prohibit required accessible routes, maneuvering
clearances, and turning spaces in bedrooms less than 70 square feet from
overlapping space occupied by furniture supplied with the unit; and would require
a means to control at least one source of lighting from the bed.

The advisory committee recommended these
proposed new provisions to address space constraints in bedrooms in emergency
transportable housing units. Emergency transportable housing units typically
are furnished at the factory leaving little flexibility in furniture layout.
Rearranging furniture supplied with the unit to increase accessibility often is
impossible because of the small size of the unit. The committee did not
recommend providing clear floor space on both sides of the bed because it would
unnecessarily encroach on the limited space within the bedroom. If an individual
with a disability cannot transfer on the side of the bed served by the clear
floor space, the furniture can be rearranged.

Existing technical provisions in 809.2
and 404.2.4 currently require all rooms in residential dwelling units served by
an accessible route to have a turning space (i.e., T-Turn or 60 inch diameter
circle) and all doors on accessible routes to provide maneuvering clearances. Building
codes generally require residential dwelling unit bedrooms to be at least 70
square feet. However, emergency transportable housing units rarely are subject
to building codes and their bedrooms may be smaller. The proposed new provisions
would prohibit required accessible routes, maneuvering clearances, and turning
spaces in bedrooms less than 70 square feet from overlapping space occupied by furniture
supplied with the unit. With careful design of room shape, door arrangement,
and furniture layout, small bedrooms can meet the proposed new provisions.

Emergency transportable housing units typically
are supplied with overhead lighting controlled by a wall switch near the
bedroom door. These switches currently are required to comply with the
technical provisions for operable parts in 309, including reach ranges, but they
usually cannot be operated from the bed and bedside lamps are rarely supplied
with the unit. Providing a means to control at least one source of lighting
from the bed, such as bedside lamps, wall switches near the bed, or remote
control devices that can be operated from the bed, allows individuals with
disabilities to transfer in and out of bed safely.

809.2.5 Weather Alert Systems

The proposed rule would add a new provision at 809.2.5 to read as follows:

This proposed new provision would require
weather alert systems provided in emergency transportable housing units with mobility
features to comply with the technical provisions for clear floor
space in 309.2 and for reach ranges in 309.3. The advisory
committee did not recommend that weather alert systems comply
with technical provisions for operation in
309.4 because
some of the controls on currently available systems require tight grasping or
pinching to operate. The proposed rule does not require weather alert systems
to be provided. FEMA currently provides weather alert systems that comply
with the proposed new provision in all its emergency transportable housing units.

809.3 Residential Dwelling Units with Communication Features

The references to the provisions for residential dwelling units
with communication features are as they would be renumbered when the
final rule is published.

809.3.1 Alarms

The proposed rule would reorganize the existing technical provisions
for alarms in residential dwelling units with communication features
at 809.3.1 and add a new provision on power sources in 809.3.1.2 to
read as follows:

809.3.1 Alarms. Alarms shall comply and
809.3.1. The same visible alarm appliances shall be permitted to
provide notification of building fire alarm and residential dwelling
unit smoke alarm activation. Visible alarm appliances used to
indicate building fire alarm or residential dwelling unit smoke alarm
activation shall not be used for any other purpose within the
residential dwelling unit.

809.3.1.1 Building Fire Alarm System.
Where a building fire alarm system is provided, the system wiring shall
be extended to a point within the residential dwelling unit in the
vicinity of the residential dwelling unit smoke alarm system.
Alarm appliances provided within a residential dwelling unit as part of
the building fire alarm system shall comply with NFPA 72 (1999 or 2002
edition) (incorporated by reference, see “Referenced Standards” in
Chapter 1).

809.3.1.2 Residential Dwelling Unit Smoke Alarms.
Residential dwelling unit smoke alarms shall provide audible alarm
appliances with integral visible alarms complying with NFPA 72 (1999 or
2002 edition) (incorporated by reference, see “Referenced Standards”
in Chapter 1). Smoke alarms with an integral visible notification
appliance shall be supplied with power from one or more power sources
as follows:
(a) A commercial light and power source along with a secondary power source; or
(b) A non-commercial alternating current (ac) power source along with a secondary power source.

809.3.1.3 Activation. All alarms within the
residential dwelling unit providing visible notification of a building
fire alarm shall be activated upon activation of the building fire
alarm in the portion of the building containing the residential
dwelling unit. All visible smoke alarms within the residential
dwelling unit shall be activated upon smoke detection.

The proposed new provision in 809.3.1.2 would require smoke alarms with built-in visible alarms to provide
either a commercial light and power source along with a secondary power source,
or a non-commercial alternating current power source along with a secondary
power source. Commercial light and power is generated and distributed from a
central station and is the type of power provided by public utilities in most
communities in the United States. Most home generators provide a
non-commercial light and power source. A secondary power source can be a
battery installed in the unit. The proposed provision is consistent with
requirements in the National Fire Protection Association (NFPA) 72 National
Fire Alarm Code, which is referenced in 809.3.1.2. The proposed new provision would
apply to all types of residential dwelling units required to provide
communication features, including emergency transportable housing units.

809.3.4 Weather Alert Systems

The proposed rule would add a new
provision at 809.3.4 to read as follows:

The proposed new provision would require weather alert systems provided in
emergency transportable housing units with communication features to provide
both audible and visible output. The proposed rule does not require weather
alert systems to be provided. FEMA currently provides weather alert systems
that comply with the proposed new provision in all its emergency transportable
housing units.

7. Regulatory Analyses

The Office of Management and Budget has
reviewed this proposed rule in accordance with Executive Orders 13563 and
12866. Among other things, Executive Order 13563 directs agencies to propose
or adopt a regulation only upon a reasoned determination that its benefits
justify its costs; tailor the regulation to impose the least burden on society,
consistent with obtaining the regulatory objectives; and, in choosing among
alternative regulatory approaches, select those approaches that maximize net
benefits. Executive Order 13563 recognizes that some benefits and costs are
difficult to quantify and provides that, where appropriate and permitted by
law, agencies may consider and discuss qualitatively values that are difficult
or impossible to quantify, including equity, human dignity, fairness, and
distributive impacts.

The Access Board has prepared a
preliminary regulatory assessment for the proposed rule. The preliminary
regulatory assessment is available on the Access Board’s
web site at: http://www.access-board.gov/eth/index.htm. The benefits and costs of the proposed rule are discussed below.

Benefits

The U.S. Census Bureau estimates that
for the civilian noninstitutionalized population aged 5 and older living in the
United States:

27.4
million people (11.9 percent) have difficulty with ambulatory activities of the
lower body and 19.0 million people (8.2 percent) have difficulty with upper
body physical tasks;

8.5
million people (3.7 percent) have difficulty performing one or more activities
of daily living such as getting around inside the home, getting into or out of
bed, taking a bath or shower, getting to or using the toilet, dressing, and
eating;

3.3
million (1.4 percent) used a wheelchair or other wheeled mobility device and
10.2 million (4.4 percent) used a cane, crutches, or walker to assist with
mobility; and

The proposed rule seeks to ensure that newly constructed and altered emergency
transportable housing units are readily accessible to and usable by this
population. The Executive Summary includes a summary of the
major proposed provisions that discusses the justification for and benefits of
the proposed provisions for this population. These benefits are difficult or
impossible to quantify.

Costs

FEMA’s planning estimate is to maintain
an inventory of 2,500 emergency transportable
housing units ready to deploy in response to disasters. As of
March 2012, FEMA
had approximately 2,065 units in its inventory. FEMA’s current
policy is to
have 20
percent of the units in its inventory comply with UFAS. FEMA
periodically purchases new units to replenish its inventory.

When FEMA purchases new
units, the units are constructed to FEMA’s requirements. Costs
are attributed to the proposed provisions if it would result in FEMA requiring
newly constructed units to provide a feature that it would not otherwise
require and manufacturers would incur additional costs to construct the feature
that would increase the cost of the units. FEMA reviewed the proposed rule and
consulted with five manufacturers to determine whether any costs would be
attributed to the proposed provisions. FEMA determined that no additional
costs would be attributed to the proposed provisions for emergency transportable housing units required to provide
communication features since it currently requires smoke
alarms with built-in visible alarms and weather alert systems with both audible
and visible output in all newly constructed units.

For emergency
transportable housing units required to provide mobility features,
FEMA determined that costs would be attributed to the proposed
provisions for
kitchen counter top electrical outlets, a single water shut-off valve,
a kitchen
sink water spray unit, and a bedroom lighting control. FEMA’s
unit cost
estimates for these proposed provisions are shown in the table
below. No costs
would be attributed to the proposed provision for folding seats in
roll-in
type showers since FEMA currently requires folding seats to be
provided in roll-in
type showers.

FEMA provided low and high unit cost
estimates for the kitchen counter top electrical outlets. The high unit cost
estimate assumes additional costs for custom made base cabinets that may be
needed for electrical outlets installed in the face of the cabinets. FEMA also
provided low and high unit cost estimates for the single water shut-off valve.
The high unit cost estimate assumes that the units would have a sprinkler
system and would need some redesign of the plumbing system. FEMA currently
does not require the units to provide a sprinkler system and the high unit cost
estimate for the single water shut-off valve would apply if FEMA would require
the units to provide sprinkler systems in the future.

Question 7.
Are these cost estimates reasonable? Should compliance costs be attributed to
any of the other proposed provisions and, if so, what additional costs would be
incurred due to the proposed provisions?

The number of emergency transportable
housing units that FEMA deploys varies by disaster and from year to year. The
number of units deployed during the four year
period from 2008 to 2011 is shown in the table below. FEMA sometimes provides
UFAS units to applicants who do not have a disability due to lack of inventory
of other units.

Emergency Transportable Housing Units Deployed by FEMA

Year

Number of
Disasters

Total Units Deployed

UFAS
Units

Other
Units

Percentage
UFAS Units

2008

5

3,798

369

3,429

10%

2009

5

1,353

201

1,152

15%

2010

3

51

3

48

6%

2011

14

4,036

420

3,616

10%

Total

27

9,238

993

8,245

11%

4-Year Average

7

2,310

248

2,061

11%

The total additional costs that FEMA
would incur assuming HUD updates its accessibility standards for residential
facilities to be consistent with the ADA and ABA Accessibility Guidelines, as
amended by the proposed rule, are estimated under three scenarios.

Scenario 1: 4-Year Average Deployment from 2008 to 2011

Under this scenario, the total
additional costs that FEMA would incur on an annual basis are based on the
average number of emergency transportable housing units deployed by FEMA from
2008 to 2011. During this period, FEMA deployed an average of 248 UFAS units
per year. The scenario assumes that FEMA would purchase the same number of new
units with mobility features annually to replenish the inventory. FEMA’s total
additional annual costs under Scenario 1 are shown in the table below.

Scenario 1: Additional Annual Costs
Based on
4-Year Average Deployment from 2008 to
2011

Under this scenario, the total
additional costs that FEMA would incur on an annual basis are based on its planning
estimate to maintain an inventory of 2,500 emergency
transportable housing units and its current policy to have 20
percent of the units in the inventory comply with UFAS. The scenario assumes
that FEMA deploys the entire inventory each year and would purchase 500 new
units with mobility features annually to replenish the inventory. FEMA’s total
additional annual costs under Scenario 2 are shown in the table below.

Scenario 2: Additional Annual Costs
Based on
20 Percent of Units in Inventory Provide
Mobility Features

Number of New Units Purchased Annually
with Mobility Features

Low Estimate
($485 per unit)

High Estimate
($1,135 per unit)

500

$242,500

$567,500

Scenario 3: Disasters Equivalent to Hurricanes Katrina and Rita

Under this scenario, the
total additional costs that FEMA would incur are based on disasters equivalent
to Hurricanes Katrina and Rita. During Hurricanes Katrina and Rita, FEMA
deployed 145,000 emergency transportable
housing units. The scenario assumes three different levels of assessed need
for units with mobility features: 14,500 (10 percent), 21,700 (15 percent), and
29,000 (20 percent). FEMA’s total additional costs under
Scenario 3 are shown in the table below. The costs may be incurred over more than
one year depending on whether the disasters occur in the early part or late
part of the year, and the manufacturing capacity and production time needed to
construct large numbers of units.

Scenario 3: Additional Costs Based on
Disasters Equivalent to Hurricanes Katrina and Rita

Number of New Units Purchased with
Mobility Features

Low Estimate
($485 per unit)

High Estimate
($1,135 per unit)

14,500

$7,032,500

$16,457,500

21,700

$10,548,750

$24,686,250

29,000

$14,065,000

$32,915,000

The Access Board has made a preliminary determination based on the preliminary
regulatory assessment that the benefits of the proposed amendments
would justify the costs; that the proposed amendments would impose the least
burden on society, consistent with obtaining the regulatory objectives; and
that the regulatory approach selected would maximize net benefits.

Regulatory Flexibility Act: Certification
of No Significant Impact on a Substantial Number of Small Entities

Pursuant to Section 605 (b) of the
Regulatory Flexibility Act (5 U.S.C. 605 (b)), the Access Board certifies that
the proposed amendments will not have a significant economic impact on a
substantial number of small entities. The Robert T. Stafford Disaster Relief
and Emergency Assistance Act authorizes FEMA to provide temporary housing
assistance to individuals and households in response to a major disaster or
emergency declared by the President. See 42 U.S.C. 5174 and 5192. FEMA
provides emergency transportable housing units where there is a need for
temporary housing and a lack of available housing resources in the affected
area. A review of the
websites of state agencies and nongovernmental organizations that provide
services in response to disasters did not show that these entities currently
provide emergency transportable housing units. There is no information
available indicating that local or tribal governments, including small
jurisdictions with a population less than 50,000, provide emergency
transportable housing units for people who need temporary housing in the
aftermath of a disaster.

Question 8.
Do any small jurisdictions with a population less than 50,000 or small
nongovernmental organizations provide emergency transportable housing units for
people who need temporary housing in the aftermath of a disaster?

Executive
Order 13132 (Federalism)

The proposed rule adheres to the
fundamental federalism principles and policy making criteria in Executive Order
13132. The proposed rule would amend the ADA and ABA Accessibility Guidelines to
specifically address emergency transportable housing units that are provided by
the Federal Emergency Management Agency or other entities on a temporary site
in response to an emergency need for temporary housing. Other federal agencies
are required to issue enforceable accessibility standards for the construction
and alteration of facilities covered by the ADA or ABA that are consistent with
the ADA and ABA Accessibility Guidelines. The ADA was enacted by Congress
pursuant to its authority to enforce the Fourteenth Amendment to the U.S.
Constitution and to regulate commerce. The ADA was enacted to provide a clear
and comprehensive national mandate for the elimination of discrimination
against individuals with disabilities. See 42 U.S.C. §12101 (b) (1). The ADA recognizes
the authority of State and local governments to enact and enforce laws that
provide for greater or equal protection for the rights of individuals with
disabilities than are afforded by this chapter. See 42 U.S.C. §12201 (b).

Unfunded
Mandates Reform Act

The Unfunded Mandates Reform Act does
not apply to proposed or final rules that enforce constitutional rights of
individuals or enforce statutory rights that prohibit discrimination on the
basis of race, color, sex, national origin, age, handicap, or disability. The
proposed rule would amend the ADA and ADA Accessibility Guidelines to specifically
address emergency transportable housing units that are provided by the Federal
Emergency Management Agency or other entities on a temporary site in response
to an emergency need for temporary housing. Other federal agencies are
required to issue enforceable accessibility standards for the construction and
alteration of facilities covered by the ADA or ABA that are consistent with the
ADA and ABA Accessibility Guidelines. Since the ADA prohibits discrimination
on the basis of disability, an assessment of the rule’s effect on State, local,
and tribal governments, and the private sector is not required by the Unfunded
Mandates Reform Act.

List of Subjects in 36 CFR Part 1191

[1] DOT is responsible for issuing
accessibility standards for facilities used to provide designated and specified
transportation services, and DOJ is responsible for issuing accessibility
standards for the other facilities covered by the ADA. See 42 U.S.C. 12134,
12149, 12164, and 12186.

[2] See 28 CFR 35.104 and 35.151 for
DOJ’s accessibility standards for facilities covered by Title II of the ADA; 28
CFR 36.104 and 36.406 for the DOJ’s accessibility standards for facilities
covered by Title III of the ADA; and 49 CFR 37.9 and Appendix A to 49 CFR part
37 for DOT’s accessibility standards for transportation facilities covered by
Titles II and III of the ADA.

[3] HUD is responsible for issuing
accessibility standards for residential facilities covered by the ABA; DOD is
responsible for issuing accessibility standards for military facilities covered
by the ABA; USPS is responsible for issuing accessibility standards for postal
facilities covered by the ABA; and GSA is responsible for issuing accessibility
standards for the other facilities covered by the ABA.

[4] See DOD Memorandum on Access
for People with Disabilities (October 31, 2008) available at: http://www.access-board.gov/ada-aba/dod-memorandum.htm for DOD’s accessibility
standards; 39 CFR 254.1 and 254.2 for USPS’ accessibility standards; and 41 CFR
102-76.60 through 102-76.85 for GSA’s accessibility standards.

[9] Facilities with
residential dwelling units that are provided by entities subject to
regulations issued by HUD under Section 504 of the Rehabilitation Act
are required to provide residential dwelling units with mobility
features in a number required by the applicable HUD regulations.

[10] See 44 CFR part 16 for FEMA’s
regulations implementing Section 504 of the Rehabilitation Act; 44 CFR part 200
for FEMA’s regulations implementing the Robert T. Stafford Disaster Relief and
Emergency Assistance Act; and 28 CFR parts 35 and 36 for DOJ’s regulations
implementing Titles II and III of the ADA.

[13] Facilities with
residential dwelling units that are provided by entities subject to
regulations issued by HUD under Section 504 of the Rehabilitation Act
are required to provide residential dwelling units with communication
features in a number required by the applicable HUD regulations.